Can I get justice of 50% salary from indian judiciary?
3 weeks ago
I am a muslim female resident of Dibrugarh. I had married my husband (muslim) in last year from Sibsagar district per muslim marriage laws (785640) and we moved there. But now from last 6 months my husband had abandoned me and he doesn't come home from he's parents home and now he doesn't give me any salary and nothing. He completely ghosted me and when I ask him to confront he said he doesn't love me and tells me that he will not going to give any money to live my life and he want to leave me now! So I had applied for 50% of his salary and his facilities from company in Kamrup district's family court. So I want to know will I get justice in my case and will I get 50% of his salary to me legally?
A.Dear Client,
Section 125 of the Criminal Procedure Code in India offers maintenance to wives, children, and parents who cannot support themselves, regardless of religion. It considers not only the husband's income but also his assets. Maintenance can be granted even if the wife lives separately due to ill-treatment. Muslim women can claim interim maintenance during proceedings. While there's no fixed rule for maintenance, the Supreme Court suggests 25% of the husband's net monthly earnings for monthly payments. For one-time settlements, the amount typically ranges from 1/3rd to 1/5th of the husband's net worth.
Section 125 of the Criminal Procedure Code in India offers maintenance to wives, children, and parents who cannot support themselves, regardless of religion. It considers not only the husband's income but also his assets. Maintenance can be granted even if the wife lives separately due to ill-treatment. Muslim women can claim interim maintenance during proceedings. While there's no fixed rule for maintenance, the Supreme Court suggests 25% of the husband's net monthly earnings for monthly payments. For one-time settlements, the amount typically ranges from 1/3rd to 1/5th of the husband's net worth.
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A.Dear Madam,
As per ruling of the Hon’ble Supreme Court you may be entitled upto 25% of the net salary of your husband if you are unemployed and unable to get any employment due to your poor or no academic record.
As per ruling of the Hon’ble Supreme Court you may be entitled upto 25% of the net salary of your husband if you are unemployed and unable to get any employment due to your poor or no academic record.
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A.Dear Client,
Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who are unable to maintain themselves. It applies to all religions and is not specific to any particular religion. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In addition to maintenance, Muslim women also have the right to claim interim maintenance during the pendency of the case. As regards the quantum of maintenance, there is no setup rule for paying the maintenance. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation to resolve a claim of maintenance, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth.
Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who are unable to maintain themselves. It applies to all religions and is not specific to any particular religion. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In addition to maintenance, Muslim women also have the right to claim interim maintenance during the pendency of the case. As regards the quantum of maintenance, there is no setup rule for paying the maintenance. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation to resolve a claim of maintenance, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth.
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